Australian Capital Territory Repealed Acts

This legislation has been repealed.

ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (REPEALED) - SECT 159

    (1)     A person commits an offence if—

        (a)     the person is the driver of a heavy vehicle or heavy combination; and

        (b)     a minor risk breach of a mass requirement for the vehicle or combination happens.

Maximum penalty: 20 penalty units.

    (2)     A person commits an offence if—

        (a)     the person is the driver of a heavy vehicle or heavy combination; and

        (b)     a substantial risk breach of a mass requirement for the vehicle or combination happens.

Maximum penalty: 40 penalty units.

    (3)     An offence against this section is a strict liability offence.

    (4)     A defendant has the benefit of the reasonable steps exception for an offence against subsection (1).

Note     For the reasonable steps exception, see s 185.

    (5)     A defendant has the benefit of the reasonable steps exception for an offence against subsection (2), but only as far as it relates to reliance on the weight stated in a container weight declaration.

Note 1     Container weight declaration , for a freight container—see s 168.

Note 2     Section 186 makes provision for reliance on a container weight declaration if an operator or driver is charged with an offence involving a breach of a mass requirement and is seeking to rely on the reasonable steps exception.